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(영문) 서울중앙지방법원 2016.06.09 2015가단213153

운송료

Text

1. The Defendant’s KRW 39,241,815 as well as the Plaintiff’s KRW 6% per annum from October 24, 2015 to January 8, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant have traded the Defendant’s goods from Mongolia to Mongolia by means of written estimates, oral agreements, etc. from March 12, 2013 to October 23, 2015.

B. On June 1, 2015, the Plaintiff and the Defendant agreed to transport the goods according to the freight estimates sent by the Plaintiff to the Defendant via e-mail (hereinafter “instant estimates”) and according to the said agreement, the Plaintiff transported the Defendant’s 20 feet container 11 volume (hereinafter “instant cargo”), which is the Defendant’s cargo, from the Ulan Republic of Mongolia to the Incheon port, as follows:

The arrival date of Incheon Port: 10 out of containers - The arrival date of Sep. 11, 2015 (4) and September 13, 2015 (6) - The arrival date of Incheon Port: September 25, 2015 (4 units), September 26, 2015 (4 units), and October 3 (4 units) of October 3, 2015: The remaining 1- The arrival date of Ulsan Port: October 3, 2015; the arrival date of Incheon Port: October 23, 2015.

The transportation under the preceding paragraph had undergone the process of transporting the ship to the Incheon Port by using the railroad from Mongolian U.S.

Paragraph 4 of the written estimate of this case states, “The transportation period shall be the average of 25 days after the start of UB (UB).”

E. The written estimate of this case is as follows.

The transportation fee of the port is KRW 39,241,815, and the defendant is above KRW 92,145,164 of the plaintiff's transportation fee of 2015.

52,903,349 won, excluding the transportation charges of the port, was paid in full.

F. From November 6, 2015, the Defendant sent to the Plaintiff a postal item stating that “the Plaintiff has sustained losses due to delay in transportation, and the part of the instant cargo (the nine quantity) among the instant cargo is changed to Mongolia.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings.